POOJA ANNA RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Writ Appeal has been preferred against the judgment of the learned Single Judge dated 18th December, 2006 recorded in W.P.(C).No.33550 of 2006(R). The appellant was a candidate contesting for Bharathanatyam. In the competition, she was graded 'B' by the Judges. It is the case of the petitioner that they were biased against her as they wanted the 5th respondent to score first position. It is for that reason only they gave the petitioner 'B' grade. Learned Single Judge did not find favour with the plea of the petitioner as mentioned above and consequently the petition was dismissed.

(2.) THE learned counsel for the appellant has argued that the father of the 5th respondent was in charge of the Judges and that itself was enough to conclude that the Judges were favourably inclined to the 5th respondent. THE mere fact that the father of the 5th respondent was to look after Judges when they were to come to witness the competition, in our view, could not be sufficient to conclude bias. Surely, the father of the 5th respondent was in his duty expected of him, which could not be called or termed as an obligation on the Judges. Learned counsel also argues that the appellate authority did not deal with the appeal filed by the petitioner in a proper manner as it was inclined to reject the same as the father of the 5th respondent was a subordinate of the appellate authority. This again seems to be not sufficient to conclude bias or interestedness with the appellate authority. THE appellate authority was higher in position than the father of the 5th respondent. He had no reason whatsoever to please the 5th respondent. THEre is no merit in the appeal which we hereby dismiss.